Patna High CourtCWJC/1988/2016dismissed

M/S Star Bricks Field v. The State Of Bihar And ORS

2016-02-18Mr. Justice Ramesh Kumar Datta,Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1988 of 2016 ======================================================

1. M/s Star Bricks Field, Jaipura Telta, Katihar through its Proprietor Shama Khurshid wife of Naushad Alam, resident of Mohalla- Dalkola, P.S.- Karandighi, District- North Dinajpur, (West Bengal) .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner cum-Principal Secretary, Commercial Taxes Department, Bihar having its office at Vikash Bhawan, Bailey Road, Patna.

2. The Assistant Commissioner of Commercial Taxes, Katihar Circle, Katihar, District- Katihar

3. The Commercial Taxe Officer, Katihar Circle, Katihar, District- Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Respondent/s : Mr. A.K. Sinha- GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 18-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks quashing of the order dated 26.5.2015 passed by the Assistant Commissioner of Commercial Taxes, Katihar under Section 8 of the Bihar Tax On Entry of Goods into Local Area for Consumption, Use or Sale therein Act, 1993 read with Section 31 of the Bihar Value Added Tax Act, 2005 and the consequential demand notice dated 27.5.2015 for the period 201314.

Patna High Court CWJC No.1988 of 2016 (3) dt.18-02-2016 2/2 It is evident that the petitioner has statutory remedy of appeal against the said order. Further, no jurisdictional issue has been raised by learned counsel for the petitioner in the matter. The writ application is, accordingly, dismissed with liberty to the petitioner to take recourse to appropriate statutory remedies. In case, an appeal is filed by the petitioner within a period of two weeks from today along with an application for condonation of delay, then the appellate authority shall consider the same keeping in view the fact that a large number of similar matters relating to brick kiln had been pending before this Court which have been only recently disposed of. (Ramesh Kumar Datta, J) (Sudhir Singh, J) S.Pandey/- U